This is from a few months back, but my article, Issues, on the interpretation of the Federal Rules of Civil Procedure was published by the Wm. & Mary L Rev.
Comments
Log in with your Bluesky account to leave a comment
In this article, I consider the meaning of the term "issue" used throughout the Federal Rules. Although the FRCPs certainly have some issues, one recurring one is that the term "issue" means different things in different places in the Rules. /
In order to limit confusion about their meaning, I suggest an easy revision to Rules 50 and 52--take out the term "issue" and replace it with "factual dispute." /
This change would confirm the longstanding meaning of these rules, align the text of these rules with conceptually related Rule 56, and ward off emergent misinterpretations. /
Comments
This change would confirm the longstanding meaning of these rules, align the text of these rules with conceptually related Rule 56, and ward off emergent misinterpretations. /
Rule
Analysis
Conclusion
😉
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4024449